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1. Equipment Rented: Moving Blocks Inc.
("Moving Blocks") hereby rents to you (the "Renter"), and Renter hereby
hires from Moving Blocks, the equipment specified in the Invoice order
details (the "Equipment").
2. Rent: Renter shall pay Moving Blocks rent in the amounts stated in
the Renter's Invoice.
3. Rental Terms: The rental and related charges shall commence upon
the date Equipment is delivered by Moving Blocks and shall terminate on the
date Equipment is picked up by Moving Blocks Inc.
4. Rental extensions: Renter must contact Moving Blocks to extend the
rental term. A Moving Blocks representative will call the day of the
scheduled pickup. At that time, the renter may also indicate a request for
extensions. Just call 1-866-625-6257.
5. Ownership: Equipment is, and shall at all times remain, the sole
and exclusive property of Moving Blocks.
6. Taxes: Renter shall pay all taxes imposed on Equipment while under
rental, except those levied against Moving Blocks income.
7. Warranty: Moving Blocks warrants that Equipment is in satisfactory
operating condition at the time of delivery and will replace (if possible)
at no charge, any equipment that fail during normal operation, but not as a
result of damage or mishandling. Moving Blocks is not responsible for the
methods or conditions of Equipment operation or for the results obtained.
8. Alteration: No alteration to the Equipment may be made without the
prior written consent of Moving Blocks. Proper care and maintenance of the
equipment during its use will be the responsibility of RENTER. Equipment,
which is returned in a condition requiring cleaning or repairs due to
excessive wear and tear or mishandling, will be brought back to rentable
condition at the expense of RENTER.
9. Assignment: Neither this Agreement nor Equipment may be assigned,
transferred, or in any way encumbered by Renter without written consent of
Moving Blocks.
10. Risk of Loss: Promptly upon the arrival of Equipment at the
Renter's facility, the Renter will carefully inspect the Equipment to
determine whether it has been damaged during delivery. In the event of any
such damage, the Renter will promptly inform Moving Blocks and a replacement
will be provided. If the Renter shall fail to notify Moving Blocks of any
damages within one business day of the receipt of the Equipment, then the
Renter shall be deemed to have accepted the Equipment as being in acceptable
operating condition. During the period of the Renter's possession and
control of the Equipment, all risk of loss, destruction of, or damage to the
Equipment, from any cause whatsoever shall be borne by the Renter.
11. Security Deposit: The cost to repair damaged equipment or the
replacement for equipment not returned will be charged to the Renter's
credit card. Any unpaid rent may also be charged to the Renter's credit
card. Customers paying with a cheque will be required to
provide a credit card for the security deposit.
12. Payment Terms: Due upon delivery by Visa, MC, Amex or Cheque. Rental extensions will be charged automatically and is calculated based on the equipment pick-up date and time.
13. Returned Cheque: A $20 NSF fee will apply to a returned cheque.
Both the Renter's invoice and NSF fee will be charged to the Renter's credit
card.
14. Operation: The Renter will use the Equipment in a safe manner and
in full compliance with the Moving Blocks user guide provided at the Moving
Block's website. The Renter shall indemnify and hold Moving Blocks harmless
from any liability whatsoever resulting from the Renters
use of the Equipment. Moving Blocks is not responsible for the results
of any loss or damages caused by the Renter's move.
15. Default and Remedies: Renter shall be deemed to have breached
this Agreement if the Renter:
a) Defaults in any payment as set forth in the Renter's order form.
b) Defaults in any of the terms herein and such
default shall continue uncorrected for five (5) days after written notice
hereof to Renter by Moving Blocks or
c) Becomes insolvent, or if a petition is filed by or against Renter under
the Bankruptcy and Insolvency Act (Canada) or any other law concerning
the relief of debts, or the petition is not discharged within 30 days.
16. Termination: In the event of any default, Moving Blocks may
declare the entire amount of unpaid rental payments immediately due and
payable, and Moving Blocks Inc. may immediately terminate this agreement. In
the event of such termination, Moving Blocks Inc. may enter into the
premises where Equipment is located and remove same. All costs and expenses
to recover equipment and/or rental fees, including legal fees incurred in
execution of this section, will be paid by Renter.
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